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Penelope Small

1992

A senior junior counsel with decades of experience in cases related to the Proceeds of Crime Act 2002, financial wrongdoing, money laundering and asset forfeiture. Instructed by all the leading prosecuting authorities in the UK in addition to advising and/or representing Claimants, Defendants, and Third Parties [Both Corporates and Individuals] in restraint, trials [including criminal] and/or hearings related to the protection and/or realisation of assets and/or proprietary interests; including in a criminal context both before and after conviction. Specialist in account/cash seizure and/or forfeiture proceedings; restraint and receivership hearings, confiscation hearings, third party intervention in matrimonial proceedings, Disclosure Orders, Warrants and the SAR regime. Regularly instructed in mutual legal assistance matters and in cases where assets are located outside the UK jurisdiction.

Regularly advises Corporates and LLP Solicitor firms who find themselves caught up in civil or criminal investigations. Has an additional expertise navigating proceedings involving marital and or co-habiting partners whose assets are intertwined with an alleged wrongdoer. Was instructed in one of the earliest Proceeds of Crime Act 2002 restraint proceedings involving digital assets [Bitcoin].

Ms Small is a contributing editor of Confiscation and the Proceeds of Crime (Sweet and Maxwell 3rd Edition). Ms Small is a regular lecturer who has recently delivered training on Money Laundering/Confiscation and Extradition proceedings to law officers and stakeholders in the Virgin Islands.

Directory Comments

"Tenacious, formidable and someone who displays  tremendous attention to detail. She is very fluent when in front of the Court of Appeal - her advocacy is incredible."
"She’s an absolute joy to work with. She knows POCA inside out. She always provides very practical advice; it’s always a way to navigate through very complex proceedings. There’s a confidence in her advocacy. She turns work around very quickly and her submissions are first class."
Chambers and Partners 2024

Straight-talking, thoughtful, diligent: a dependable team player and an absolute pleasure to deal with.
Legal 500 2024

’She is a truly dynamic barrister. She quickly gets to the nub of the issue and always seeks a pragmatic and commercially sound resolution. She has a no-nonsense approach. Her written submissions are exceptional. She is the queen of POCA.‘
Legal 500 2023

"Outstanding, particularly in terms of her written work, she goes into tremendous detail and leaves no stone unturned." 
Chambers and Partners 2023 


Current & Recent Notable Cases

  • R v X [2023]- Instructed by a Trustee in Civil Recovery proceeding to assist in High Court proceedings related to an expensive UK property whose last sale was never completed or registered and in circumstances where there was evidence of money laundering/ off-shore currency control violations.

  • Metropolitan Police v X [2023] Instructed by the Respondent in Account Freezing Order proceedings brought in respect of 7 figure sums funds derived from crypto currency trading in a off shore territory then converted to fiat currency and moved to the UK.

  • R v A [2023] – Advised wife of convicted defendant facing protracted enforcement proceedings brought by a private prosecutor. Identified that the Prosecutor had failed at first instance to recognise a priority charge over a matrimonial asset.

  • R v ML [2022] Court of Appeal - Representing the NCA in the first appeal to flow from a contempt conviction for making false statements in PCA 2002 restraint proceedings.

  • Metropolitan Police v X Ltd [2022] - Representing Corporate and Director of Company in ongoing Civil/Criminal investigation arising from the sale of equipment allegedly required for Cannabis Cultivation.

  • Re L [2021] - Advised General Counsel of leading international law firm on SAR regime interaction with entities listed on sanctions list.